As we celebrate the 250th anniversary of America’s founding, two of the country’s greatest accomplishments include establishing modern democracy and the Constitution which protects the freedoms and liberties of all citizens from government abuse.
Today, Montanans benefit from these protections in many ways. Our homes cannot be searched without a judicial warrant, we cannot be randomly arrested, and we have the right to due process and a speedy trial. Equally important, we have the right to participate in open debate around policies that affect us and to voice our opinions to the legislature and on the streets.
The Founders established the Constitution’s Bill of Rights and a system of checks and balances (separation of powers) meant to restrict government power and preserve our rights because they knew freedoms depended upon these groundbreaking restrictions on government power. The protection of our liberties and all our human rights are a requirement and a benefit to our society, not a problem to be overcome.
This understanding of the key aspects of due process in securing our freedoms is a significant part of what makes America great and has allowed people to feel secure in their lives.
In the United States, the president (any president) cannot be a law unto themselves. The same holds true for any governor, legislative branch, judge, or political party. In our constitutional system, the law cannot be enforced arbitrarily based on the whims, likes, and dislikes of one individual or single branch of government – it cannot single out people or groups of people for arbitrary or special treatment.
Now, however, the Trump Administration wants to abandon 250 years of U.S. history, asserting that laws and public rights are a hinderance that can be overlooked or disregarded to pursue its own purposes. This is more than a theoretical danger that has significant consequences for all of us, and the world.
We’ve seen how Trump mobilized ICE in a way that trampled rights — brutalizing citizens, entering homes without sufficient warrant, and arbitrarily arresting citizens. We’ve seen it spray massive numbers of people coming to the streets to express sincere opposition. And we’ve seen ICE kill unarmed people exercising their rights to assemble, speak and disagree.
Under Trump, government agencies increasingly behave like a private army of thugs where the “ends justify the means” instead of upholding the law. We’ve seen this behavior in Iran for years, which recently culminated in the mowing down tens of thousands of people who took to the streets in opposition.
The Constitution cannot be arbitrarily suspended. Security for Montanans and Americans means that the rule of law must be consistent, predictable, and accountable. If rights are arbitrary, then we’re all at risk, if not during one administration then during the next one. Laws must benefit all, not just the political chosen or favored. We can more fully fund the agencies and the courts that have the power to enforce the laws, arrest criminals, and deport them.
Government power, if unchecked or not restricted poses a grave danger to our individual liberty, particularly for those least able to protect themselves. We the people must insist that the government consistently acts lawfully and upholds the constitutional rights of the people its agents encounter, and we must know that getting shot is not the consequence of speaking out.
On July 4, 1776, Congress outlined a long list of abuses committed by King George III against Americans including that the King had “sent hither Swarms of Officers to harass our People,” and was “quartering large Bodies of Armed Troops among us.”
The need for restraints on government isn’t just a dusty idea from our high school civics class—it is a living, breathing necessity. To protect our rights, liberties and freedoms, government power must be constrained and the rule of law upheld. To do otherwise, betrays the promise of America.
Senator Andrea Olsen, D-Missoula, serves on the Senate Judiciary Committee.